Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (4 months of imprisonment without prison labor, 3 million won of fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In the liability insurance policy in which the owner of the motor device bicycle who driven by the defendant was admitted for the first time in the judgment, the insurance money was paid to the victim and the damage was partly recovered. At the time of the accident of this case, the victim was cutting the crosswalk between the bicycle and the bicycle road, and thus the victim was negligent in violating the traffic laws and regulations as well as the fact that the victim was negligent, is favorable to the defendant.

On the other hand, while the Defendant had been under suspension of the execution due to traffic crime, he again drives the instant engine device under the condition that the driver's license was revoked due to the above crime without being among persons, causing the instant accident, and the injury suffered by the victim due to the instant accident is disadvantageous to the Defendant.

In addition, taking into account all the sentencing conditions as shown in the records and arguments of this case, such as the Defendant’s age, environment, sex, relationship with the victim, motive, means and consequence of the crime, and the circumstances before and after the crime, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.